The mortgages documents will state what the mortgage holder must do before filing a foreclosure suit. Most mortgages require some sort of Notice of Default be sent to the property owner as well as a Notice of Intent to Foreclose. You have not indicated exactly what letter was sent, but I am assuming the the letter was one or both of the previously mentioned notices. The next step is the mortgage holder will file the foreclosure suit, and you will be formally served by the sheriff or a private process server. Once you have been served, you have twenty days to respond to the foreclosure. At that point, you should hire an attorney to defend you. Based on your goal, the attorney will develop a plan of defense. Some property owners do not want to keep the property, and then the attorney would want to minimize the damage to you by trying to work with the bank on a short sale or deed in lieu of foreclosure. Even if the bank will not agree to either one, the attorney will try to minimize any potential deficiency judgment. On the other hand, you may want to keep the property, and the attorney may help you to modify the mortgage or come to a settlement agreement with the mortgage holder wherein you can keep current on your mortgage. Your attorney would try and have the bank either reduce or forgive late fees, attorney's fees, and costs. If you fail to respond to the foreclosure suit, then you will be in default, and the bank can move forward with foreclosing much sooner and easier.
Wendy Mara
www.mara-maralaw.com
This response is general information and does not constitute specific legal advice or constitute an attorney client relationship. For more specific legal advice related to your specific facts, please consult an attorney in your area.
Consumers can use this platform to pose legal questions to real lawyers and receive free insights.
Participating legal professionals get the opportunity to speak directly with people who may need their services, as well as enhance their standing in the Lawyers.com community.